Legal Question in Family Law in Virginia
non payment of child support
My soon to be ex husband is $1500 behind on child support also he was court ordered to get health insurance on our daughter in which he has not. This was ordered back in April. We are scheduled to go back to court in 4 days for non payment of child support and to change visitation. I have emails from my daughter telling me that her daddy is mean to her as well as his mother in which he lives with. Him and his mother both have told my daughter to tell me that my ex is not going to be easy on me this time. I have papers for assault and batter on my ex husband also. He also changed jobs since our last court date in which he is layed off right now. I have done nothing wrong. I need to know what could happen in court with him not paying child support and me haveing these emails from my daughter begging me to come get her and saying that they are being mean to her and that she found some drugs of my ex's. Do I have a chance of getting visitation reduced to once a month? Any information would be greatly appreciated.
1 Answer from Attorneys
Re: non payment of child support
Considering his accumulated arrearages and failure to enroll the child in an acceptable medical insurance program, the father is the one who should be worried about going back to court rather than you.
As to whether you could succeed in getting the father's visitation reduced by the cout, that is not likely to happen absent credible and compelling evidence that it would be in the best interests of the child to have the father's visitation curtailed.
(Credible and compelling means far more than a few emails from a child alleging that her father has been "mean" to her.)